Alimony in Tennessee Divorce
Types of Spousal Support
There are several types of alimony in Tennessee. Also numerous factors that a divorce court must weigh. in order to determine if spousal support is appropriate. If so, the type and amount to be awarded. Alimony is quite complicated, and involves many factual based elements, so be sure to consult with an experienced divorce lawyer to explore if this may be an issue in your case.
In general, alimony is spousal support awarded to the economically disadvantaged spouse. The court will first determine if support is appropriate under the circumstances. The court then weighs several factors, like duration or length of the marriage, relative earning capacity of each spouse, division of marital property, etc. Then the court determines the amount and type of alimony. The basic goal of spousal support is to prevent, if possible, a massive loss of standard of living to one spouse while the other spouse maintains a relatively stable standard of living.
1. Periodic Alimony also called alimony in futuro:
This is the traditional type of spousal support. The Court weighs all of the relevant factors and determines the amount per month that should be paid to the recipient spouse. Typically periodic alimony is long term or permanent.
2. Rehabilitative Alimony
This is a separate class of spousal support. Rehabilitative alimony as it name implies, is designed to rehabilitate the disadvantaged spouse. This type of spousal support is temporary in nature. Designed to provide for the disadvantaged spouse until a reasonable earning capacity is achieved. Again the goal here is stabilize the standard of living and, if possible.
3. Alimony in solido, or lump sum payment
A one time payment of a certain sum to the disadvantaged spouse. Used as a substitute for other forms of spousal support or in addition. This type equalizes and/or supplements the division of marital property.
4. Transitional Alimony:
Another form of short term alimony, typically used when the need for “rehabilitation” is not necessary. But needs a time of adjustment.
5. Alimony pendente lite or alimony pending litigation of the divorce:
A temporary form of spousal support awarded during the pendency of the divorce action. Typically the court only looks at the financial need of the requesting spouse and the ability of the other spouse to pay.
Again, spousal support is a very complex issue which requires a thorough review of the particular facts of your situation. To determine if you may be able to get spousal support or may have to pay alimony, consult with an experienced family law attorney. Attorney Jim Purple practicing domestic relations and divorce since 1982. Contact Jim Purple, Chattanooga divorce lawyer, to schedule a free initial appointment.